HomeMy WebLinkAbout20230316.tiffRESOLUTION
RE: APPROVE TERMINATION OF ROAD MAINTENANCE AGREEMENT FOR USE BY
SPECIAL REVIEW PERMIT, USR19-0060 - NGL WATER SOLUTIONS DJ, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on November 4, 2020, by Resolution #2020-0106, the Board approved the
application of NGL Water Solutions DJ, LLC, 3773 Cherry Creek North Drive, Suite 1000, Denver,
Colorado 80209, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0060, for an Oil and Gas Support and Service Facility, including an unmanned pipeline
only, Class II Saltwater Disposal Facility and related infrastructure, up to five (5) construction
trailers and five (5) conex containers for temporary use during construction in the A (Agricultural)
Zone District, on the following described real estate, to -wit, and:
Lot A of Recorded Exemption, RE -3634; being part
of the SE1/4 of Section 16, Township 6 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, on January 27, 2021, the Board approved a Road Maintenance Agreement
According to Policy Regarding Collateral for Improvements for Use by Special Review Permit,
USR19-0060, with said applicant, with terms and conditions being as stated in said agreement,
and
WHEREAS, on January 9, 2023, the Board was presented with a letter from the applicant
requesting the withdrawal of the application of NGL Water Solutions DJ, LLC, due to the property
being sold, and a public hearing was held at 9:00 a.m., in the Chambers of the Board, at which.
point the Board of County Commissioners approved the withdrawal of the application of Use by
Special Review Permit, USR19-0060, and rescinded Resolution #2020-0106, dated
November 4, 2020, and
WHEREAS, as a result of the USR withdrawal, the Department of Planning Services
recommends that the Board of County Commissioners consider termination of the Road
Maintenance Agreement for Use by Special Review Permit, USR19-0060, approved on
January 27, 2021, recorded at Reception #4678018, for NGL Water Solutions DJ, LLC, since it is
no longer necessary, and
WHEREAS, upon recommendation of staff, the Board deems it advisable to terminate the
Road Maintenance Agreement for Use by Special Review Permit, USR19-0060, approved on
January 27, 2021, Reception #4678018, for NGL Water Solutions DJ, LLC.
4880993 Pages: 1 of 2
02/09/2023 01:00 PM R Fe.:$0.00
Carly Kopp., Clark and Raoordar, Wald County , CO
IIIII NAM Lli11kifk'I k WksIIMM UMW MAU II II
cc:PL(DA/sTM/KR/Ko)
o2/IK /2.3
2023-0316
PL2727
APPROVE TERMINATION OF ROAD MAINTENANCE AGREEMENT (USR19-0060) -
NGL WATER SOLUTIONS DJ, LLC
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Road Maintenance Agreement for Use by Special Review Permit,
USR19-0060, be, and hereby is, terminated.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of January, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d1;(1
Weld County Clerk to the Board
County '`""orney
Date of signature: O./06 /2
4880993 Pages: 2 of 2
02/09/2023 01:06 PM R Fes:$0.00
Carly Koppea, Clerk and Reoorder, Wald County , CO
���� ��N4���� ���i 'Ir94 QUY1l� �J 114�h 1I 111
it 1 "`_``
Mike F an, Chair
Pe y L. B�yk, Pro-Tem
ott K. James
2023-0316
PL2727
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Termination of Road Maintenance Agreement for:
NGL Water Solutions DJ, LLC — USR19-0060
DEPARTMENT: Planning Services DATE: January 10, 2023
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief.description of the problem/issue:
The Department of Planning Services received a request from NGL Water Solutions DJ, LLC, requesting that
the Board of County Commissioners consider approving the termination of Road Maintenance Agreement for
(USR19-0060). The Road Maintenance Agreement was approved on January 27th, 2023, and recorded under
Reception #4678018, Tyler #2021-0281.
On January 9, 2023, the Board of County Commissioners approved the vacation of Use By Special Review
Permit, USR19-0060, thus making the Road Maintenance Agreement not necessary.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 2. The Departments of Planning Services, Public Works, and the County Attorney's Office are
recommending approval of the termination of the Road Maintenance Agreement According To Policy for
USR19-0060, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular
Agenda.
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Approve
Recommendation Work Session Other/Comments:
Schedule
2023-0316
01 /30 PL212-1
RESOLUTION
RE: ACCEPT REQUEST TO WITHDRAW APPLICATION FOR A SITE SPECIFIC
DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR19-0060, FOR
AN OIL AND GAS SUPPORT AND SERVICE FACILITY, INCLUDING AN UNMANNED
PIPELINE ONLY, CLASS II SALTWATER DISPOSAL FACILITY AND RELATED
INFRASTRUCTURE, UP TO FIVE (5) CONSTRUCTION TRAILERS AND FIVE (5)
CONEX CONTAINERS FOR TEMPORARY USE DURING CONSTRUCTION IN THE
A (AGRICULTURAL) ZONE DISTRICT, AND RESCIND RESOLUTION #2020-0106,
DATED NOVEMBER 4, 2020 - NGL WATER SOLUTIONS DJ, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on November 4, 2020, the Board approved the application of NGL Water
Solutions DJ, LLC, 3773 Cherry Creek North Drive, Suite 1000, Denver, Colorado 80209, for a
Site Specific Development Plan and Use by Special Review Permit, USR19-0060, for an Oil and
Gas Support and Service Facility, including an unmanned pipeline only, Class II Saltwater
Disposal Facility and related infrastructure, up to five (5) construction trailers and five (5) conex
containers for temporary use during construction in the A (Agricultural) Zone District, on the
following described real estate, to -wit, and:
Lot A of Recorded Exemption, RE -3634; being part
of the SE1/4 of Section 16, Township 6 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, on January 9, 2023, the Board was presented with a letter, dated
November 18, 2022, from the applicant requesting the withdrawal of the application, stating the
property was sold, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and all of the exhibits and
evidence presented in this matter and, having been fully informed, deems it advisable to grant the
applicant's request and thereby accept the withdrawal of the application and to rescind Resolution
#2020-0106, dated November 4, 2020.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of NGL Water Solutions DJ, LLC, to withdraw the application
for a Site Specific Development Plan and Use by Special Review Permit, USR19-0060, for an Oil
and Gas Support and Service Facility, including an unmanned pipeline only, Class II Saltwater
Disposal Facility and related infrastructure, up to five (5) construction trailers and five (5) conex
containers for temporary use during construction in the A (Agricultural) Zone District, on the parcel
of land described above, be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that Resolution #2020-0106, dated November 4, 2020, be, and hereby is, rescinded.
2023-0137
PL2727
ACCEPT WITHDRAWAL REQUEST AND RESCIND USR19-0060 - NGL WATER SOLUTIONS
DJ, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of January, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attomey
Date of signature:
Mike Freeman, Chair
Perry L. Buck, Pro -Tern
Mike Freeman
Kevin D. Ross
Lori Saine
2023-0137
PL2727
MEMORANDUM
TO: Board of County Commissioners
DATE: December 19, 2022
FROM: Kim Ogle, Planning Services
SUBJECT: Request to withdraw and rescind USR19-0060
The Board of County Commissioners at the January 8, 2020 land use hearing approved a request for a
Site Specific Development Plan and Use by Special Review, USR19-0060, is for an Oil and Gas
Support and Service, including an unmanned, pipeline only, Class II Saltwater Disposal Facility and
related infrastructure, up to five (5) construction trailers and five (5) conex containers for emporary
use during construction in the A (Agricultural) Zone District, in favor of NGL Water Solutions DJ, LLC
The case was conditionally approved with several items to be addressed prior to recording the USR19-
0060 map.
Under the header "Prior to recording the map", item 1.A was perfected for
A Road Maintenance Agreement is required at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified haul
routes.
This action was taken January 27, 2021, as part of the Consent Agenda (2021-0281). The Road
Maintenance Agreement was recorded under Reception no. 4678018 dated February 2, 2021. No
collateral was required for this agreement
The Department of Planning Services has received a written requested dated November 18, 2022, from
Mr. Doug White, Executive Vice President with NGL Water Solutions DJ, LLC, 805 N. Albion Street,
Suite 400, Denver, Colorado 80220 requesting to withdraw and rescind case number USR19-0060 as
the property was conveyed to the Everhart Companies on October 11, 2022, Reception no.
4861536.
On behalf of NGL Water Solutions DJ, LLC, the Department of Planning Services respectively requests
support of this request.
'I
2023-0137
y1-. q ?
Water Solutions
November 18, 2022
Mr. Kim Ogle
Weld County Department of Planning Services
1555 North 17"' Avenue
Greeley, CO 80631
Re: NGL Water Solutions DJ Central Weld Project
Weld County Parcel No. 080516400060
Dear Kim,
The purpose of this letter is to inform you that NGL has decided It no longer wishes to pursue its Central
Weld Project and the property was sold to Everhart Companies effective October 11, 2022. With this in
mind, we respectfully request the withdrawal of USR 19-0060.
If you should need anything further from NGL in order to accommodate our request, please let me
know.
As always, thank you very much for your help.
Since
EVP, NGL Water Solutions DJ, LLC
865 N. Albion St • Suite 400 • Denver, CO 80220 • Phone (303) 815-1010 • Fax (303) 815-1011
etx,1.-t /P44 -4/491--
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance Agreement for:
NGL Water Solutions DJ, LLC — USR19-0060
DEPARTMENT: Public Works DATE: January 13, 2021
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problenrllesue:
The Department of Pubic Works received a request from the applicant, NGL Water Solutions DJ, LLC,
requesting that the Board of County Commissioners consider approving the Road Maintenance Agreement for
(USR19-0060). No collateral is required with this agreement.
Weld County Public Works, Planning Services and the County Attorneys Office have reviewed the above
mentioned signed original document and observed the following:
• All Public Works related items, of the "Road Maintenance Agreement According To Policy, are found
to be acceptable.
• This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed
by the Board of County Commissioners.
What options exist for the Board? (Include consequences, Impacts, costs, etc. of options):
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are
recommending approval of the Road Maintenance Agreement According To Policy for USR19-0060, and that
this item be placed on the next regularly scheduled'BOCC Hearing, as part of the Consent Agenda
AteS Schedule
BMIMmMMadion WaiSranign OthedCommer ts:
Perry L. Buck a?"
Mike Freeman
Scott K James, Pro -Tern
Steve Moreno, Chair 1,11
Lori Seine
g2 Pr,J((N/STrt/1'L/TA), PL(KA/Ko)
0./05/21
0,4)4.4,619o)
O.7-/offr-1
2021-0281
fz-27,21
ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
NGL Water Solutions DJ, LLC — USR19-0060
THIS AGREEMENT is made this I day of January, 2021, by and between NGL Water
Solutions DJ, LLC, a limited liability company organized under the laws of the State of Colorado, whose
address is 3773 Cherry Creek N. Drive, Suite 1000, Denver, Colorado 80209, hereinafter referred to as
"Property Owner," authorized to do business in the State of Colorado, and the County of Weld, a body
corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose
address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of the following described property in the County of
Weld, Colorado:
Lot A of Recorded Exemption, RE -3634; being part pf the
SE 1/4 of Section 16, Township 6 North, Range 66 West
of the 6th P.M., Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has received Board of County Commissioner approval of
USR19-0060, and
WHEREAS, Property Owner acknowledges that the final approval of USR19-0060 is conditional
upon Property Owner's acceptance of road maintenance described in this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein, the parties hereto promise, covenant and agree as follows:
PART It SITS SPECIFIC PRoYISIONs
A. Haul Routes: The Property Owner shall be financially responsible for its proportional share of the
County's costs associated with maintaining and/or improving designated haul/travel routes. •
1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property:
1) North and south along CR 31 between Highway 392 and approved site access location.
2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 31 and travel north -south
for further dispersal. Any County roads used by traffic associated with USR19-0060 may become part of
the established haul/travel routes.
3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds per axle
and axle configurations unless overweight permits have been applied for and granted.
4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the
above -mentioned haul/travel route for a limited period (six months or less), Weld County Public Works
may authorize, in writing, the deviation. In that circumstance, baul/travel vehicles will utilize paved county
roads whenever possible. A deviation from the established haul/travel route lasting more than six (6) months
NGL Water Solutions DJ, LLC — USR19-0060 — RMA20-0060
Page1of7
a/- 6OL11
or requests for one (1) or more deviations within a 12 -month period shall authorize the County to change
the haul/travel routes designated herein, and provide notice to the Property Owner.
5.0 Haul Route Signage, Property Owner shall install travel route signs, if applicable, as per Manual
of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen
by drivers leaving the facility and which clearly depict County approved travel routes.
6.0 No Deviation from Permitted Haul Routes, Except as authorized by the Board pursuant to this
Agreement, no use of any roads other than those specifically authorized for use in this Agreement is
permitted without the prior written amendment of this Agreement.
B. Maintenance Requirements:
1.0 Off -site recurring maintenance, if applicable, as required by the Board:
2.0 Repair, Property Owner shall be financially responsible for its proportional share of excavation,
patching, and pavement repair on designated haul/travel routes. The amount and extent of repair and paving
measures will be determined by site -specific conditions at the time, as determined exclusively by County
personnel.
3.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel route by project
traffic that causes an immediate threat to public health and safety or renders the road impassible
("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant Damage.
Property Owner shall identify the repair required and shall consult with County on the extent, type, timing,
materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt
of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice. If
Property Owner identifies Significant Damage prior to receiving notice thereof from County, Property
Owner may commence repair of such Significant Damage and shall concurrently notify County of the
extent, type, timing, materials and quality of repair (i.e. temporary versus permanent).
4.0 Repair of Road; On or before December 31 of the calendar year in which County staff has
determined through site analysis and/or pavement testing that a particular haul/travel route road portion will
require paving measures in order to protect the public health, safety, and welfare, and the County has
budgeted sufficient funds for the , following calendar year to pay its share of the Off -Site
Improvement/Repair Costs, County shall notify Property Owner in writing that the Off -Site
Improvements/Repairs shall be undertaken.
4.1 In County's sole discretion, County may undertake the repairs and/or improvements.
Property Owner's payment for its Proportionate Share of the road repairs/improvements will be
calculated as determined in this Agreement. Property Owner will be invoiced accordingly for those
proportional share costs.
5.0 Calculation of Property Owner's Proportional Share of Costs, The County shall notify Property
Owner of County's preliminary determination and assessment of Property Owner's proportional share of
costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to
County's final determination and assessment, County shall provide Property Owner with a reasonable
opportunity to review, comment upon and supplement County's data, collection methodology, and
determinations. The County shall review and consider Property Owner's input prior to making a final
determination and assessment. The County shall have sole responsibility for determination of Property
Owner's proportional share of costs. Property Owner agrees to pay such proportional share of costs within
30 days of receiving an invoice from County.
NGL Water Solutions DJ, LLC — USR19-0060 — RMA20-0060
Page 2 of 7
6.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of
Property Owner and all other Property Owners and/or Lessees who are required by County to participate in
road improvement/maintenance agreements for the haul routes designated in this Agreement. As a result of
the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further
determine what road repair/improvement/maintenance work is to be performed during that construction
season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data
become available.
7.0 N tification. The County shall notify Property Owner of County's preliminary determination and
assessment of Property Owner's proportionate share of costs of maintenance, repair, or improvements to
Property Owner's designated haul/travel routes. Prior to County's final determination and assessment,
County shall provide Property Owner with a reasonable opportunity to review, comment upon and
supplement County's data, collection methodology, and determinations. The County shall review and
consider Property Owner's input prior to making a final determination and assessment.
PART II: GENERAL PROvISIGNS
A. Permits; Property Owner is required to apply for and receive all permits required by the County
or any other applicable local, State, or federal permit, including but not limited to:
1.0 Access Permits, Property Owner shall not use any access onto any County road unless and until an
access permit has been issued by the Department of Public Works. Public Works may condition the issuance
of an updated access permit on the amendment of this Agreement if the updated access permit authorizes
the use of an additional access point, or if there is a change in use of the current access point, as permitted
by Article XIV of Chapter 8 of the Weld County Code.
2.0 Right-of-Wav (ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work
occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work
shall occur without said ROW permit.
3.0 Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County
Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation
and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner.
B. Enforcement and Remedies,
i
2 1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the
terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been
violated and shall state with specificity the facts and circumstances which County believes constitute the
ire violation. Property Owner shall have fifteen (15) days within which to either cure the violation or
8N demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the
= violation is continuing, County may consider Property Owner to be in breach of this Agreement.
=3as
ti$, 2.0 Remedies for Breach by Property Owner, In the event that County determines that Property Owner
o f
es'
has violated the terms of this Agreement, and has failed to correct said violation, County may exercise any
i es or all of the following remedies, or any other remedy available in law or equity.
2.1 Withholding Permits. County may "lock" any or all lots within the Property, which
aprecludes the continued issuance of building permits, zoning permits, septic permits, or any other
permit issued by any department of the County.
redo.
Sh NGL Water Solutions DJ, LLC — USR19-0060 - RMA20-0060
Vim Page 3 of 7
2.2 Court Action, County may seek relief in law or equity by filing an action in the Weld
District Court or Federal District Court for the District of Colorado, except that no such civil action
or order shall be necessary to access collateral for the purpose of completing improvements as
described above.
2.3 Revocation of USR Permit. Property Owner acknowledges that failure to comply with the
teems of this Agreement constitutes cause to revoke the USR, and County may exercise this option
in its sole discretion by proceeding with revocation under the then current provisions of the Weld
County Code.
3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following
events:
3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of
the underlying land use approval under Weld County Code Section 23-2-290. However, County
may still exercise all necessary activities under this Agreement that the County determines
necessary to protect the health, safety, and welfare of the residents of Weld County.
3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon
Property Owner's complete cessation of all activities permitted by the USR including any clean up
or restoration required. A partial cessation of activities shall not constitute a Termination of this
Agreement, nor shall County's issuance of a partial release/vacation constitute a Termination.
Unless informed in writing by the Property Owner of cessation of activities, and verified by the
County, cessation shall only be presumed if the County determines that the USR has been inactive
for three (3) years. Property Owner shall not be entitled to a release of Project or Warranty
Collateral unless and until the improvements required by this Agreement are completed.
33 Execution of Replacement Agreement. This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new property owner or operator who has
purchased the Property or has assumed the operation of the business permitted by the USR, and
intends to make use of the rights and privileges available to it through the then existing USR.
3.4 Revocation of USR. This Agreement shall terminate following County's revocation of
Property Owner's USR, except that the Property Owner shall only be released from this Agreement
after the successful completion of all improvements required under this Agreement, which may be
1-1 completed by County after accessing Property Owner's collateral if Property Owner fails to
complete such improvements.
g C. General Provisions:
id1.0 ,Successors and Assigns.
0312 1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part,
e- - without the prior express written consent of County and the written agreement of the party to whom
o :ilia the obligations under this Agreement are assigned. Consent to a delegation or an assignment will
:415E not be unreasonably withheld by County. In such case, Property Owner's release of its obligations
°G shall be accomplished by County's execution of a new Improvements Agreement with the
'ali _ successor owner of the property.
ital—
s = NGL Water Solutions DJ, LLC — USR19-0060 -RMA20-0060
i � Page 4 of 7
1.2 County's rights and obligations wider this Agreement shall automatically be delegated,
transferred, or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement.
2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of
the parties.
3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of
the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
4.0 No Third -Party Benefichn, It is expressly understood and agreed that the enforcement of the terms
and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of
action whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
5.0 Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this Agreement. This
Agreement may be changed or supplemented only by a written instrument signed by both parties.
6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
7.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto,
shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included
or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null
and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District
Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said
dispute.
8.0 Attorneys' Fees/Legal Costs, In the event of a dispute between County and Property Owner,
concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney
fees and/or legal costs incurred by or on its own behalf.
9.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature
and description caused by, arising from, or on account of the design and construction of improvements, and
pay any and all judgments rendered against the County on account of any such suit, action or claim, and
notwithstanding Section 7.0 above, together with all reasonable expenses and attorney fees incurred by
County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises
out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability,
loss, or damage arising from the intentional torts or the gross negligence of the County or its employees
while acting within the scope of their employment. All contractors and other employees engaged in
construction of the improvements shall maintain adequate worker's compensation insurance and public
NGL Water Solutions DJ, LLC — USR 19-0060 — RMA20-0060
Page 5of7
liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State
of Colorado governing occupational safety and health.
10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference
shall be null and void.
11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is
duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and
warrants to the other that the execution and delivery of the Agreement and the performance of such party's
obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement
binding on such party and enforceable in accordance with its terms. If requested by the County, Property
Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement
within five (S) days of receiving such request.
12.0 Acknowledgment, County and Property Owner acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the
attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties
and supersedes all proposals or prior agreements, oral or written, and any other communications between
the parties relating to the subject matter of this Agreement.
13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential
conflict between any term in this Agreement and the Resolution of the Board of County Commissioners
approving the underlying land use permit, the provisions of the Board's Resolution shall control. In the
event of a discrepancy between this agreement and the Weld County Code in effect at the time of the
agreement, the terms of the Weld County Code shall control.
NGL Water Solutions DJ, LLC — USR 19-0060 — RMA20-0060
Page 6of7
PROPER i jilt �`. GL Water Solutions DJ, LLC
By: .�'� Date
Name so��::� ' . White
Title: Executive Vice President
STATE OF COLORADO
SS.
COUNTY OF DENVER
1/i3boat
EMILY RIEHL
Notary Public
State of Colorado
Notary ID. 20194024110
My Commission Expires 0825.2023
The foregoing instrument was acknowledged before me this La day of January,
2021, by Douglas W. White, as Executive Vice President of NGL Water Solutions DJ, LLC.
WITNESS my hand and official seal.
Notary Public
WELD COUNTY: 'i.,424,14)
ATTEST: C4A
Weld C ' Clerk to the Bo
BY:
Deputy Cl.= to th- B
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
teve Moreno, Chair JAN 2 7 2021
NGL Water Solutions DJ, LLC— USR19-0060 — RMA20-0060
Page 7 of 7
40.21/
Entity Information
Entity Name' Entity ID
NGL WATER SOLUTIONS DJ LLC @00037831
❑ New Entity?
Contract Name. Contract ID
ROAD MAINTENANCE AGREEMENT USR19-0060 NGL WATER 4404
SOLUTIONS DJ LLC
Contract Status
CTB REVIEW
Contract Lead.
JTRUJILLOMARTINEZ
Contract Lead Email
jtruj i l lomarti n ez@weld gov. c
om
Parent Contract ID
Requires Board Approval
YES
Department Project
Contract Description
ROAD MAINTENANCE AGREEMENT USR19-0060 NGL WATER SOLUTIONS DJ LLC NO COLLATERAL REQUIRED
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT PUBLIC WORKS Date. 01)2312021
01/27/2021
Amount* Department Email
$0.00 CM- hill a work session with BOCC be required?*
PublicWorks@weldgov.com NO
Renewable •
NO
Automatic Renewal
Grant
IGA
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Anorneyl
BOB CHOATE
County Attorney Email
BCHOATE@CO.WELD.CO. US
Does Contract require Purchasing Dept. to be included?
NO
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
On Base
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date"
01/27/2022
Committed Delivery Date
Renewal Date
Expiration Date
01/27/2023
Contact Info
Contact Name Contact Type Contact Email
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head Finance Approver
JAY MCDONALD CONSENT
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
01:22/2021
OH Approved Date Finance Approved Date
01/22!2021 O1/22/2O21
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
O1;27/2O21
Originator
JTRUJILLOMARTINEZ
Tyler Ref #
AG 012721
Legal Counsel
CONSENT
Legal Counsel Approved Date
O1;22/2021
Hello